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    California Builders Right To Repair Current Law Summary:

    Current Law Summary: SB800 (codified as Civil Code §§895, et seq) is the most far-reaching, complex law regulating construction defect litigation, right to repair, warranty obligations and maintenance requirements transference in the country. In essence, to afford protection against frivolous lawsuits, builders shall do all the following:A homeowner is obligated to follow all reasonable maintenance obligations and schedules communicated in writing to the homeowner by the builder and product manufacturers, as well as commonly accepted maintenance practices. A failure by a homeowner to follow these obligations, schedules, and practices may subject the homeowner to the affirmative defenses.A builder, under the principles of comparative fault pertaining to affirmative defenses, may be excused, in whole or in part, from any obligation, damage, loss, or liability if the builder can demonstrate any of the following affirmative defenses in response to a claimed violation:


    Construction Expert Witness Contractors Licensing
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    Commercial and Residential Contractors License Required.


    Construction Expert Witness Contractors Building Industry
    Association Directory
    Building Industry Association Southern California - Desert Chapter
    Local # 0532
    77570 Springfield Ln Ste E
    Palm Desert, CA 92211
    http://www.desertchapter.com

    Building Industry Association Southern California - Riverside County Chapter
    Local # 0532
    3891 11th St Ste 312
    Riverside, CA 92501


    Building Industry Association Southern California
    Local # 0532
    17744 Sky Park Circle Suite 170
    Irvine, CA 92614
    http://www.biasc.org

    Building Industry Association Southern California - Orange County Chapter
    Local # 0532
    17744 Skypark Cir Ste 170
    Irvine, CA 92614
    http://www.biaoc.com

    Building Industry Association Southern California - Baldy View Chapter
    Local # 0532
    8711 Monroe Ct Ste B
    Rancho Cucamonga, CA 91730
    http://www.biabuild.com

    Building Industry Association Southern California - LA/Ventura Chapter
    Local # 0532
    28460 Ave Stanford Ste 240
    Santa Clarita, CA 91355


    Building Industry Association Southern California - Building Industry Association of S Ca Antelope Valley
    Local # 0532
    44404 16th St W Suite 107
    Lancaster, CA 93535



    Construction Expert Witness News and Information
    For Anaheim California

    Liquidating Agreements—Bridging the Privity Gap for Subcontractors

    Burden of Proof Under All-Risk Property Insurance Policy

    Skyline Bling: A $430 Million Hairpin Tower and Other Naked Bids for Tourism

    Appellate Attorney’s Fees and the Significant Issues Test

    Jury Convicts Ciminelli, State Official in Bid-Rig Case

    OSHA Finalizes Rule on Crane Operator Qualification and Certification

    Did the Court of Appeals Just Raise the Bar for California Contractors to Self-Report Construction-Related Judgments?

    South Carolina Clarifies the Accrual Date for Its Statute of Repose

    An Interesting Look at Mechanic’s Lien Priority and Necessary Parties

    Nebraska Joins the Ranks—No CGL Coverage for Faulty Work

    No Collapse Coverage Where Policy's Collapse Provisions Deleted

    The “Your Work” Exclusion—Is there a Trend against Coverage?

    Used French Fry Oil Fuels London Offices as Buildings Go Green

    Scary Movie: Theatre Developer Axed By Court of Appeal In Prevailing Wage Determination Challenge

    New York State Trial Court Addresses “Trigger of Coverage” for Asbestos Claims and Other Coverage Issues

    Common Construction Contract Provisions: No-Damages-for-Delay Clause

    New York Condominium Association Files Construction Defect Suit

    Sun, Sand and Stir-Fry? Miami Woos Chinese for Property: Cities

    60-Mile-Long Drone Inspection Flight Points to the Future

    Presidential Memorandum Promotes Reliable Supply and Delivery of Water in the West

    California to Require Disclosure of Construction Defect Claims

    City and Contractor Disclaim Responsibility for Construction Error that Lead to Blast

    Construction Litigation—Battles on Many Fronts

    The Colorado Construction Defect Reform Act Explained

    A New AAA Study Confirms that Arbitration is Faster to Resolution Than Court – And the Difference Can be Assessed Monetarily

    Excess Must Defend After Primary Improperly Refuses to Do So

    Insurers Get “Floored” by Court of Appeals Regarding the Presumptive Measure of Damages in Consent Judgments

    Buffett Says ‘No-Brainer’ to Get a Mortgage to Short Rates

    Negligent Construction an Occurrence Says Ninth Circuit

    Housing Starts Plunge by the Most in Four Years

    Northern District of Mississippi Finds That Non-Work Property Damages Are Not Subject to AIA’s Waiver of Subrogation Clause

    The Sky is Falling! – Or is it? Impacting Lives through Addressing the Fear of Environmental Liabilities

    High School Gym Closed by Construction Defects

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    Housing Starts in U.S. Beat 1 Million Pace for Second Month

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    The Harmon Hotel Construction Defect Trial to Begin

    Effects of Amendment to Florida's Statute of Repose on the Products Completed Operations Hazard

    Scarce Cemetery Space Creates Prices to Die For: Cities

    One to Watch: Case Takes on Economic Loss Rule and Professional Duties

    Does Your 998 Offer to Compromise Include Attorneys’ Fees and Costs?

    Federal District Court Issues Preliminary Injunction Against Implementation of the Fair Pay and Safe Workplaces Final Rule

    Two New Developments in Sanatoga, Pennsylvania

    Latosha Ellis Selected for 2019 Leadership Council on Legal Diversity Pathfinder Program

    New American Home Construction Nears Completion Despite Obstacles

    Warranty Reform Legislation for Condominiums – Unfair Practices used by Developers and Builders to avoid Warranty Responsibility for Construction Defects in Newly Constructed Condominiums

    Texas “your work” exclusion

    Visual Construction Diaries – Interview with Jeff Sassinsky of Fovea Aero
    Corporate Profile

    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Through more than four thousand construction, architectural, and engineering related expert designations, the Anaheim, California Construction Expert Directory provides a streamlined multi-disciplinary expert retention and support solution to construction claims professionals seeking effective resolution of construction defect and claims matters. BHA provides construction related litigation support and expert witness services to the industry's leading construction practice groups, Fortune 500 builders, real estate investment trusts, risk managers, owners, as well as a variety of municipalities and government offices. Utilizing in house resources which include building envelope experts, forensic architects, professional engineers, credentialed construction standard of care consultants, the construction experts group brings specialized experience and local capabilities to Anaheim and the surrounding areas.

    Anaheim California stucco expert witnessAnaheim California construction expert witness public projectsAnaheim California construction project management expert witnessAnaheim California building code compliance expert witnessAnaheim California construction cost estimating expert witnessAnaheim California construction expertsAnaheim California delay claim expert witness
    Construction Expert Witness News & Info
    Anaheim, California

    Georgia Federal Court Says Fact Questions Exist As To Whether Nitrogen Is An “Irritant” or “Contaminant” As Used in Pollution Exclusion

    May 20, 2019 —
    The Southern District of Georgia recently ruled that Evanston Insurance Company is not entitled to summary judgment on whether its policies’ pollution exclusion bars coverage for the release of nitrogen into a warehouse. The case stems from an incident at Xytex Tissue Services, LLC’s warehouse, where Xytex stored biological material at low temperatures. Xytex used an on-site “liquid nitrogen delivery system” to keep the material properly cooled. This system releases liquid nitrogen, which would vaporize into nitrogen gas and cool the biological material. On February 5, 2017, a Xytex employee, Deputy Greg Meagher, entered the warehouse to investigate activated motion detectors and burglar alarms. Deputy Meagher was overcome by nitrogen gas and died as a result. Following Deputy Meagher’s death, his heirs filed suit against Xytex and other defendants. Evanston denied coverage based on the pollution exclusion in its policy. Evanston then brought a declaratory judgment action to confirm its coverage position. In denying Evanston’s summary judgment motion, the Southern District of Georgia reasoned that the type of injury sustained is essential in analyzing whether the pollution exclusion applies. Specifically, Xytex argued, and the court agreed, that the underlying lawsuit alleged that the bodily injury was caused by a lack of oxygen, not exposure to nitrogen. The court also distinguished prior decisions, explaining that injury caused by a lack of oxygen is not a contamination or irritation of the body in the same way as injury resulting from exposure to carbon monoxide or lead. The court also found that Xytex “reasonably expected that liability related to a nitrogen leak would be insured.” Reprinted courtesy of Haight Brown & Bonesteel LLP attorneys Lawrence J. Bracken II, Michael S. Levine and Alexander D. Russo Mr. Bracken may be contacted at lbracken@HuntonAK.com Mr. Levine may be contacted at mlevine@HuntonAK.com Mr. Russo may be contacted at arusso@HuntonAK.com Read the court decision
    Read the full story...
    Reprinted courtesy of

    The Proposed House Green New Deal Resolution

    February 27, 2019 —
    A Resolution has been proposed to the House for consideration that would recognize the Federal Government’s duty “to create a Green New Deal.” It sets forth a very ambitious 10-year program to mobilize and transform every aspect of American life to combat the threats of climate change by transitioning to an economy based upon 100% clean and renewable energy. In doing so, millions of new jobs would be created, and everyone who wants a job would be guaranteed a job. The sponsors’ talking points declare that there is no time to lose, that Americans love a challenge, and “this is our moonshot.” The obvious goal is to eliminate the generation and use of fossil fuel and nuclear energy—they are simply not part of the solution. Read the court decision
    Read the full story...
    Reprinted courtesy of Anthony B. Cavender, Pillsbury
    Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com

    The Law Clinic Paves Way to the Digitalization of Built Environment Processes

    February 11, 2019 —
    The Law Clinic offers legal advice on digitalization to built environment innovators and experimenters and in the process helps lawmakers find the pain points in legislation. In April 2018 the Finnish Ministry of the Environment launched an experimental legal service for real estate and construction professionals, municipalities, and lawmakers. The cost-free service is like a helpdesk for anyone who has questions about real estate and construction laws and regulations and their interpretation as it applies to new digital processes. The Law Clinic is part of the national KIRA-digi project, which includes 138 experiments, many of which need legal advice for their execution. Read the court decision
    Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    60-Mile-Long Drone Inspection Flight Points to the Future

    January 15, 2019 —
    Black & Veatch announced in December the successful conclusion of a 60-mile-log, non-stop, proof-of-concept drone-based inspection flight conducted by a remote pilot in a command center miles away in rural Illinois. Read the court decision
    Read the full story...
    Reprinted courtesy of Tom Sawyer, ENR
    Mr. Sawyer may be contacted at sawyert@enr.com

    Will There Be Construction Defect Legislation Introduced in the 2019 Colorado Legislative Session?

    March 18, 2019 —
    With the 2019 Colorado legislative session well underway, the construction industry is waiting with bated breath to see what the Democrat controlled legislature might do with respect to construction defect legislation. In recent years, having a split legislature has prevented any attempts to roll back positive changes in the law, either from the legislature or Colorado courts, that have been hailed by the construction community. This year, odds are good that we will see at least one bill similar to two introduced last year that would hinder the ability to have disputes decided by binding arbitration. While not full frontal assaults on the Colorado Supreme Court decision in the Vallagio case, HB18-1261, the “Colorado Arbitration Fairness Act,” and HB 18-1262, the “Arbitration Services Provider Transparency Act,” would have negatively impacted the ability to resolve any type of case through arbitration. Anything that prevents the resolution of construction defect cases through arbitration will increase the judgments and settlements in such cases, ultimately increasing the costs of construction and for insurance for those in the industry. Read the court decision
    Read the full story...
    Reprinted courtesy of David McLain, Higgins, Hopkins, McLain & Roswell, LLC
    Mr. McLain may be contacted at mclain@hhmrlaw.com

    How One Squirrel Taught us a Surprising Amount about Insurance Investigation Lessons Learned from the Iowa Supreme Court

    April 03, 2019 —
    A recent decision issued by the Iowa Supreme Court, City of West Liberty, Iowa v. Employers Mutual Casualty Company, highlights the importance for a policyholder to investigate a loss fully so that a wide range of evidence can be gathered and presented to show why there is coverage. The facts of City of West Liberty are a little unusual, but its lesson is not limited to Iowa insurance law; the issues litigated in this case show the value of investigating what caused a loss regardless of whether the loss occurred in California, Iowa, or elsewhere. Background on the Case City of West Liberty involved an insurance coverage dispute between a municipality owned electrical power plant and its insurance company. The dispute arose from a single adventurous squirrel who climbed onto an outdoor electrical transformer, touching two different parts of the power plant: a portion of the steel frame and a bare cable clamp. In doing so, the squirrel created a “conductive path,” in the words of the Iowa Supreme Court, between the high voltage clamp and the grounded frame. The path, once created, caused significant damage to the transformer and other electrical equipment at the city’s power plant. The city submitted a claim for the resulting damage, but the insurance company denied it. The insurer denied based on an exclusion in the insurance policy for property damage “caused by arcing or by electrical currents other than lightning.” According to the insurance company, the squirrel had no role in causing the damage; all of the damage resulted from arcing, which was excluded from coverage. The ensuing lawsuit focused upon whether the squirrel had a role in causing the damage. If yes, then there would be coverage according to Iowa insurance law; when a loss results from two causes, one of which is covered and the other is not, then there is coverage if the loss occurs from the covered cause. Due to this legal standard, the city contended that, apart from the arcing causing any damage, the squirrel caused the damage too. Because the insurance policy provided protection against mischievous actions performed by squirrels, the city contended that it was entitled to coverage, even if the excluded arcing contributed to the same damage too. Unfortunately, for the city, the Iowa Supreme Court rejected that argument, finding instead that the property damage resulted only from the arcing, which was excluded from coverage. In reaching its conclusion, the court absolved the squirrel of any wrongdoing, finding that it did not cause any of the property damage. Read the court decision
    Read the full story...
    Reprinted courtesy of Graham C. Mills, Newmeyer & Dillion
    Mr. Mills may be contacted at graham.mills@ndlf.com

    CGL Policy Covering Attorney’s Fees in Property Damage Claims

    December 11, 2018 —
    Does a CGL policy cover attorney’s fees and costs in property damages claims, to the extent there is a contractual or statutory basis to recover attorney’s fees? Naturally, you need to review the policies and this is not a clear-cut issue, but there is law to argue under. A case I have argued in support of CGL policies providing for coverage for attorney’s fees as a component of property damage claims when there is a contractual or statutory basis is Assurance Co. of America v. Lucas Waterproofing Co., Inc., 581 F.Supp.2d 1201 (S.D.Fla. 2008). In this case, the following applied:
    • The policy provided coverage for “those sums that the insured becomes legally obligated to pay as damages of… ‘property damage’….
    • Property damage was defined as “physical injury to tangible property, including all resulting loss of use of that property.”
    • The term damage, in of itself, was not defined in the policy.
    Read the court decision
    Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Eleventh Circuit Holds that EPA Superfund Remedial Actions are Usually Entitled to the FTCA “Discretionary Function” Exemption

    February 18, 2019 —
    An unusual Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, known also as Superfund) remedial action has resulted in a broad ruling that Environmental Protection Agency (EPA) remedial actions and their implementation by EPA contractors may be entitled to broad protection from liability insofar as the Federal Tort Claims Act (FTCA) is involved. The case is Gadsden Industrial Park LLC v. United States of America, CMC Inc., and Harsco Corporation, an unpublished opinion released by the court on November 30, 2018. After the Gulf States Steel Corporation, the owner and operator of a former steel manufacturing facility located in Gadsden, AL, declared bankruptcy, in 2002, Gadsden Industrial Park LLC (Gadsden) purchased 434 acres of the 761 acre site, as well as assets located in what is described as the “Excluded Real Property”—recyclable materials generated in the steel making process known as “kish” and “slag,” and a track of a railroad line located in this area. However, in the 2007 or 2008, the Eleventh Circuit observes, EPA began a CERCLA remedial cleanup action on the Excluded Real Property and barred Gadsden from entering the Excluded Real Property to make use of its new assets. Read the court decision
    Read the full story...
    Reprinted courtesy of Anthony B. Cavender, Pillsbury
    Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com